Could someone share their experience w showing text communications in court?

Unfortunately, I have a tenancy that has turned south. (Bad tenant attitude and recent late/non payments) I don’t “do” anger. Once a tenant turns ugly, our time together is short.

I may need to share some of this text in court….as she may as well. This has never come up with me before. I would appreciate any help/advice you can give me.

Thanks in advance.

The details….

We have eviction court scheduled for this week. Some of the text, that we have exchanged, will be relevant. As an example, because of her threats to cancel her personal checks, In the previous months exchange about non/late payment, I informed her that I would no longer accept personal checks. (Yes, my lease states that she accepts text as official notices.) Also, in our last exchange, I reminded her of this new policy (because she was asking if I had received her check...I had not.) as well as reminded her that I was filing for eviction on that day. She said she cancelled the check that I had not received. (It was supposedly in my po box) Along w the reminder ( after she had informed me that she had cancelled the check), I informed her of how to use a bank app (Zelle) to send me the money that day to avoid eviction. Her response…”I’ll see you in court.”

Full disclosure...Further details…

She is apparently angry about some cosmetic repairs that need to be done. Maybe rightfully. (but of course, now that we are having problems, they are her main focus)

She has been one of my best “on time” paying tenants.

During our initial, problematic exchange, she informed me that she was recently married. (New, unauthorized, tenant)

This whole thing got kicked off because, after texting and calling her number w no response, (dead email) I dropped off a courtesy note (she wasn’t home) to inform her of the nonpayment (because she has always been on time, and because some people genuinely may not know that I haven’t received the rent.) on her front door before I filed for eviction. The note was polite and non specific. Ie “I have enjoyed having you as a tenant...please contact me to avoid any problems….blah, blah, blah… She lost her mind and the screaming (her) began. Good times.

I suspect it will be a very colorful court date. My typical style is to present my case simply and let the tenant lose their minds and win the case for me. This time am thinking that I may need to be a bit more prepared. ie...Print copies of the text?? Be prepared to answer questions about maintenance (I have always gone immediately when called), but admittedly, I have procrastinated on doing the needed cosmetic repairs. Any thoughts?

Thanks in advance for any help you can offer.

By informing her that you will not accept personal checks, you may have arrogated to yourself rights that you may not have. Assuming that your rental agreement does not contain any conditions about form of payment, you ought to look at your local state law about how debts may be paid. In the absence of a lease specification, your agreement may be inferred by your behavior, so that if you have accepted checks before, it will be interpreted as agreement that checks are OK.

As an example, my lease says that "Rent payments may be made in cash, by personal or certified check drawn on a local bank, or by money order, unless LESSEE has been notified by LESSOR in writing that a particular form of payment is unacceptable."

Thanks Moshe. I think I understand.

"Arrogated to yourself"...claiming that I have a right that I do not. (??)

My lease states payments can be made in "Checks or Money orders", but regrettably, has not been updated to reflect the current banking apps., nor does it have your clause (it does now)..."unless LESSEE has been notified by LESSOR in writing that a particular form of payment is unacceptable.", however I do have the standard "Change of terms w notice" clause. Wouldn't my notice that I would no longer be able to accept personal checks (as well as providing what forms of payment would be acceptable)act as a change of terms?

" Wouldn't my notice that I would no longer be able to accept personal checks (as well as providing what forms of payment would be acceptable)act as a change of terms? "

Yes, if you do it completely by the book.

Lana

How has that been received by your magistrate? ie...copies for the tenant...copies for the magistrate(Nc), and the the magistrate reads over them(??) Or do you just keep a copy in case something becomes relevant? ie...he says/she says/ here's the proof...kinda thing?

At least for me, there is a "present your case" portion, and then there is an opportunity to as questions, portion. After that it is pretty swift. My concern is two fold...I don't want to over speak...nor under speak. There must be a ballance.

My guess is that the relevant text should be presented as part of my case, but then the rest held in reserve to rebut any questions. However, I don't want to withhold anything, thereby giving the appearance of lying.

As it stands right now, My plan is to take copies of the full exchange and highlight the relevant ones to my argument. Possibly citing the relevant lease clauses.

No matter what, It will be an education.

Thanks for your input.

I agree with Lana. I think you should bring a print out of all the pertinent texts and present them as evidence. You should also have your phone there (with full battery so there are no mistakes later), so that if the tenant questions your print outs, you can show the original to the judge if asked.

Thank you all, for the helpful input.

I am still very curious as to the "best" approach. ( I know...I'm slow that way.)

Again, I am tempted to only provide the relevant text that show where the tenant has been hostile and also threatened to cancel her checks (one of which she stated emphatically that she did cancel her check.)

The way I envision it.....

Me: "I am asking for money owed and possession."

Tenant: "I tried to pay my POS landlord, besides, his house is a slum. He refuses to do repairs!"

(untrue...although I have flaws, because of a busy life, I have always responded quickly to every repair. Also, my homes are above average nice...Crown moldings, accent lights, new paint upon moving in...etc)

"He is just being cheap!, so I shouldn't have to pay!"

Me: Waiting for question....waiting....

Magistrate....*Asking tenant questions about "tried to pay"*.... I show him the text about non/late payment/canceling checks...work in comments about rudeness...

Me: I answer anything about repairs....Then I question.."Mrs.__, have you contacted me about any needed repairs? When? Could you show me that request? (She can't)

Funny thing is, she is on a MtM and can leave at any time if she is unhappy w the home. She's just mad. (embarrassed?)

Also, I can't help but imagine that the new husband (see above) has emboldened her in some sort of perverse way.

As always, the victim mentality always surfaces when a conflict arises. I think she was offended when she was reminded about our contract, and that I was about to file for eviction. After all, up until then, she had been a model tenant. My courtesy call to her home was just that...trying to help. What is it they say about a good deed?

Maybe I didn't handle it the best...but I handled it in a way that helped my tenant understand that I was in charge of my property, and that I would follow through w our contract. Tenant training can be expensive.

I look forward to additional advice.

Thanks again. ;)

In my areas the court can read the device/s but then keeps them until the appeal period has expired - if no continuance is granted takes about 6-7 weeks, so if it is important it must be printed - the reason is this case will be reviewed with other court staff to insure the devices timeline is accurate, they won't burden the court time with this equipment.

GreatONE,

Your long post worries me that you might be emotionally tangled up on this one. "Just the facts m'am."

My judge does not want to hear ANY of that petty argument stuff. Rude comments are not a reason for him to evict.

He wants us to stick to the facts. Payments due, last payment made, amount owed.

If you feel the text is pertinent, print it and staple it to your summary. I teach a class called how to win in court without saying a word - I put EVERYTHING on paper and in one staple so it's ALL evidence, not separate pages which the judge might discard.

Mine will NOT look at a digital device (law says he has to keep any evidence presented for 30 days so he'd have to keep your phone) so...

easiest, low tech is to take a pic of the screen and print it for court.

There are also ways to print directly from the phone or text service. We use Google Voice because ALL the texts show on our desktop and can easily be printed.

Best of luck!

You are no longer allowed to bring your phone into court in one of our counties. It has to stay locked in your car or left with Security if you do not have a car.

Yes, not being able to have a phone in court has reminded me of my growing dependence (addiction??) to it. Thanks for the reminder. Remembering not to take it has taken increasingly less steps away from my truck, on the way into court. lol.

I am currently organizing all of my stuff for court. I like Brad's idea of taking a pic of the phone screen, but honestly, my phone is so low tech (read cheap) that I don't believe there is a screenshot function, and I cant imagine taking a pic of all of those text. Yuk. Printing will have to do, this time.

Thanks for all of the advice. This one will be interesting to say the least.

One,

Screenshot? Sure. I meant lay the text phone on the table and take a picture of the screen with another phone or camera. :)

No phones in the courthouse is a little much. I use mine for calculator, calendar, contacts, snapping a scan of a document...it’s a basic business tool.